In drug testing news, the U.S. Department of Health and Human Services (“DHHS”) published guidelines for oral fluid drug testing, and the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) increased the minimum annual percentage rate for random drug testing to 50%.  Both are effective as of January 1, 2020.

Oral Fluid Drug Testing Guidelines

The DHHS has established scientific and technical guidelines for oral fluid drug testing.  The Mandatory Guidelines for Federal Workplace Drug Testing Programs (“Guidelines”) allow the collection and testing of oral fluid specimens, and establishes standards and technical requirements for oral fluid collection devices, including initial and confirmatory oral fluid drug test cut-off concentrations and methods.  DHHS noted there are various benefits to oral fluid as an alternative to urine testing, not the least of which is the proliferation of products on the market making it easier for individuals to adulterate their urine specimens.

The Guidelines apply to federal workers, but some agencies, including the Department of Transportation, are required to follow the Guidelines in developing drug testing programs for their regulated industries.  It is anticipated that DOT’s operating agencies will implement regulations adopting the new Guidelines into their respective testing programs.

FMCSA Increased Random Drug Testing Rate to 50%

FMCSA-regulated employers should note that effective January 1, the FMCSA increased the minimum annual percentage rate for random testing to 50% of the average number of driver positions.  The rate was previously 25%.  The minimum annual percentage rate for random alcohol testing will remain at 10%. 

Additionally, as previously discussed, compliance with the FMCSA Clearinghouse requirements began on January 6.